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IDYLWOODS ASSOCIATES v. MADER CAPITAL

No. 91-CV-364S.

915 F.Supp. 1290 (1996)

IDYLWOODS ASSOCIATES, and Kam, Inc., Plaintiffs, v. MADER CAPITAL, INC., Slate Bottom Creek Apartments, Inc., Marc Equity Partners I, Trustees of the Mader Construction Corporation Employees Profit Sharing Plan (formerly the Mader Corporation Employees Profit Sharing Plan), Witben Realty Corporation, Sereth Properties, Inc., Wolsher, Inc., Universal Marion Corporation, American Premier Underwriters, Inc., and Louis E. Wolfson, Defendants.

United States District Court, W.D. New York.

February 16, 1996.

Attorney(s) appearing for the Case

Phillips, Lytle, Hitchcock, Blaine & Huber, Buffalo, New York, for Plaintiffs; Robert E. Glanville, of counsel.

Duke, Holzman, Yaeger & Radlin, Buffalo, New York, for Mader Capital, Slate Bottom Creek Apartments, Marc Equity Partners, Trustees of Mader Profit Sharing Plan; Peter G. Ruppar, of counsel.

Periconi & Rothberg, P.C., New York, New York, for American Premier Underwriters; James J. Periconi, of counsel.

Harter, Secrest, and Emery, Buffalo, New York, for Witben Realty, Sereth Properties, Wolsher, Inc., Universal Marion Corp., and Louis E. Wolfson; Craig A. Slater, of counsel.

FOSCHIO, United States Magistrate Judge.

JURISDICTION

The parties to this matter executed a consent to proceed before the undersigned on the pending summary judgment motions on March 6, 1995. The matter is presently before the court on Defendant American Premier Underwriters, Inc.'s motion for partial summary judgment, filed April 17, 1995; Defendant Louis E. Wolfson's motion for summary judgment, dated April 17, 1995; and Defendants Witben Realty...

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